The French branch of the Church of Scientology, which was convicted and fined 400,000 euros for "organized fraud", will be retried in November by the Paris court of appeal, according to a judicial source, and the new trial will take place from November 3 to December 1, 2011.

On October 27, 2009, the Paris correctional court convicted Scientology's two principal organizations in France, the "Spiritual Association of the Church of Scientology - Celebrity Centre" and the Scientology bookstore, and fined them, respectively, 400,000 euros and 200,000 euros.

Six members of the Church of Scientology were convicted, four of whom received suspended prison sentences ranging from 10 to 24 months for "organized fraud". Two others were fined for "complicity in the illegal practice of pharmacy".

The Church of Scientology was founded in 1954 by American science fiction writer Ron Hubbard.

I'm not too greedy. I don't need the court to increase the sentense I just want them to uphold the decision of the lower isntance court (because there is always the possibility of them reversing the decision).
Unfortunately, in civil law countries, decisions tend to be short and not too wordy [unlike in England or in the States]. I would have loved to have a long decision with lots of beautiful quotes in it.

On Thursday, at the opening of its appeal trial for "organized fraud", the Paris branch of the Church of Scientology sought a delay by unsuccessfully alleging government "pressures" on judges and by raising multiple points of law. Scientology's two principal entities in France - the Celebrity Centre and its SEL bookstore - were heavily fined in 2009 and five Scientologists, including the "de facto head" of the movement in Paris, Alain Rosenberg, are due to be retried in court until December 1. They are accused of exploiting the vulnerability of former followers to extract large sums of money from them.

Speaking to the press, Olivier Morice, the lawyer representing the UNADFI, an association that combats cult abuses and has registered as a plaintiff, expressed indignation that Scientology "is seeking a delay in a manner that is completely inappropriate and unfair". "For us, Scientology is a business whose main objective is to take the money of its followers," Olivier Morice said outside the court. Considered a religion in the United States, the movement founded in 1954 by American science fiction writer L. Ron Hubbard was classified as a cult in France in a 1995 parliamentary report. Scientology claims 12 million followers worldwide and 45,000 in France.

The defense first tried unsuccessfully to have the trial postponed by three to six months by alleging that a Ministry of Justice circular issued to judges and prosecutors in September regarding "cult abuses" was an attempt to put "pressures" on judges. The court turned down this request.

The Tiberi precedent

Scientology's lawyers denied that they were resorting to "stalling" maneuvers and they next began raising several priority questions of constitutionality that are liable to provoke a delay if they were judged to be serious and submitted to the Court of Cassation. The first point was raised by Gérard Ducrey and alleges a "failure to deliver justice in a reasonable time", given that the facts of the case date back to "September 1997 to October 1999". According to Mr. Ducrey, this point is similar to the one that, in September, resulted in the postponement of the trial of former Paris Mayor Jean Tiberi and his wife Xavière in the case concerning vote-rigging in the 5th arrondissement.

The presiding judge, Claudine Forkel, announced that the court would announce its decision "tomorrow or on Tuesday", once the four questions of constitutionality have been examined. Scientology's lawyers are also disputing the presence of the UNADFI as a plaintiff, a status that was denied at the first trial. The four former Scientology members who, as early as 1998, filed the complaints that opened this case have all withdrawn and the only other remaining plaintiff is the National Council of the Order of Pharmacists.

Several defendants stand accused of "illegal practice of medicine" because of the vitamins that followers must ingest during their "purification cures". In 2009, the Celebrity Centre and its SEL bookstore were fined, respectively, 400,000 and 200,000 euros, but they were able to continue operating. Alain Rosenberg received a suspended sentence of two years in prison and he was fined 30,000 euros. The penalties for the four other Scientologists who filed an appeal range from a 2,000 euro fine to a suspended sentence of 18 months in prison and a 20,000 euro fine. The trial resumes on Friday at 9 A.M.

The Paris court of appeal will announce on Tuesday whether the trial of the Paris branch of the Church of Scientology for "organized fraud" will continue, despite the various points of law raised by the defense and which may be liable to put off the hearing.

IANAL but this seems to be going along the lines of typical CoS stalling tactics so that once delays and continuations are granted they can then baw about delays in justice and try and get everything thrown out.
It'd be nice to get Mr. Berry's take on this, even though its in France I'm sure he could make heads or tails of the basics.
One thing for sure is that the more the cult bitches and complains, the more people start looking into what its all about and gain insight into its sordid history, the less public support CoS will have as it tries to pass itself off as something ressembling a legitimate 'religion'/charitable (ha!) organization.
What all this time buying does also is give the lawmakers longer to educate themselves on just how twisted and single minded the corporate cult is.
It'd be nice to see France, Germany, Australia, Canada, etc. get networking on how grow bigger teeth when dealing with giant multi-level/international scams such as CoS that hide behind religious cloaking and waste various court's time by endless litigation~ ie., fines that start to reflect the costs to taxpayers.

The six lawyers defending the Scientologists were very much on the offensive yesterday morning. They called for the repeal of the first trial decision because of the erroneous penalties requested by the prosecution. They also demanded that the hearing be postponed, alleging that a recent Justice Ministry circular threatened "the independance of the justice system".

"This interference of the executive in the judicial system is intolerable. The purpose of our request for a postponement is not to cause a delay, but to uphold support for judicial authority," Gérard Ducrey argued on behalf of the Scientologists.

"There you have a perfect example of the Scientologist who pretends to fly to the rescue of the justice system," retorted Olivier Morice.

Presiding judge Claudine Forkel rejected the postponement request on the grounds that the circular, which is not prescriptive, was instead about cultic abuses and not about organized fraud, the issue at the heart of this case.

The defense then raised its first priority question of constitutionality.

The case is fragile. Four of the five complainants who reported that they were defrauded by Scientology had already dropped out at the time of the first trial. The last complainant finally withdrew after she, like the others, accepted financial compensation from Scientology. This does not legally prevent the prosecution from proceeding. However, it appears the battle will be fierce. As the defense asserted, "This is not a trial, this is a fight,"

PARIS (AP) New priority questions of constitutionality, in particular concerning the retroactivity of jurisprudence regarding the penal responsibility of legal entities, were raised Friday morning on the second day of the Church of Scientology's appeal trial. The Paris court of appeal will decide these issues on Tuesday at 9 A.M.

Scientology's French branch, the SEL Scientology bookstore, as well as five of the movement's members are being retried until December 1. They stand accused of having exploited the vulnerability of their followers to extract money from them.

Since the opening of the trial on Thursday, Scientology's lawyers have been multiplying their requests to delay the hearing. They first applied for a postponement of three to six months, but this was rejected by the court of appeal. Afterward, at both of the morning hearings, no less than five priority questions of constitutionality were raised.

If the court of appeal agrees to refer one, if not more, of these questions to the Court of Cassation, the hearing will be adjourned sine die during the wait for the decision of the highest judicial authority. The Court of Cassation would have three months to decide whether or not to refer the matter to the Constitutional Council, which would also have three months to arrive at a decision.

The priority questions raised by two of the defense attorneys chiefly concern the concepts of a "reasonable time frame" for ruling on a case and of the penal responsibility of legal entities. "We are here so that the law is applied and not abused, as in the decision" of the first trial in October 2009, said Louis Pamponet, a lawyer representing the bookstore, denying that this was a stalling maneuver.

He accused the judges at the first trial of having "illegally applied the law" by "retroactively applying" the current jurisprudence regarding penal responsibility. According to him, the judges were authorized "to hand out only penalties that legally applied" at the time of an event, in this case between September 1997 and October 1999.

For Alexis Lublin, a lawyer representing another Scientology official who is not associated with this priority question of constitutionality, "The Constitutional Council will at some point have to decide" on the issue of retroactivity of jurisprudence.

After presenting his arguments about the concept of a reasonable time frame on Thursday, the lawyer for a former president of the French branch of Scientology, Gérard Ducrey, objected on Friday to the fact that statutes of limitation may be "indefinitely" suspended. "When time frames are abnormally extended, (...) this is adding a penalty to a penalty," he commented.

At the end of the first trial, the Spiritual Association of the Church of Scientology - Celebrity Centre was fined 400,000 euros and the bookstore was fined 200,000 euros for "organized fraud". Four of the movement's officials received suspended prison sentences of from ten months to two years for the same conviction. Two other members were fined for "complicity in the illegal exercise of pharmacy."

PARIS (AP) - The Paris court of appeal, where the French branch of the Church of Scientology is on trial for "organized fraud", refused on Tuesday to refer to the Court of Cassation any of the priority questions of constitutionality raised by the defense. The defense responded by filing a new priority question of constitutionality and by reintroducing two questions that had just been rejected.

The French branch of Scientology, the SEL Scientology bookstore, and five members of the movement are being retried until December 1. They are suspected of having exploited the vulnerability of their followers to extract money from them.

Two of the priority questions of constitutionality focus on the "reasonable time frame" to hear a case and on the statute of limitations. The other three concern the penal responsibility of legal entities.

The Paris court of appeal decided that the first two were not admissible for reasons of form. The lawyer that raised these questions, Gérard Ducrey, who is defending a former president of the French branch of Scientology, reintroduced the questions after making adjustments for conformity.

The attorney for the bookstore, Louis Pamponet, filed a new priority question of constitutionality in which he questions the refusal of the Court of Cassation to submit its jurisprudence to the Constitutional Council. In his documents, he states that "to avoid any interference" by the Constitutional Council in its jurisprudence, the highest court is "withholding from referring any priority question of constitutionality bearing on its interpretation."

The court will deliver its decision on Thursday morning at 9 A.M.

At the first trial, the Spiritual Association of the Church of Scientology - Celebrity Centre was fined 400,000 euros and the bookstore was fined 200,000 euros for "organized fraud". Four of the movement's officials received suspended prison sentences ranging from ten months to two years for the same offense. Two other members were handed fines for "illegal practice of pharmacy."

For several days, Scientology's lawyers have been multiplying priority issues of constitutionality.

Scientology's appeal trial began nearly a week ago, but it still has not broached the heart of the case. The charges of organized fraud on which the five defendants are being retried have yet to be addressed and are far removed from the current concerns of the defense lawyers. Lining up shoulder to shoulder before a sometimes exasperated, but unwavering presiding judge, the attorneys are doing their utmost to derail the trial by trying to find a flaw in the case's legal armor.

Although some of the lawyers deny they are resorting to delaying tactics and swear they are just practicing law, the hearings held until now can be summed up as a barrage of legal grenades loaded with priority questions of constitutionality. If these questions are admitted by the court, they will, as everyone knows, have the effect of delaying the trial indefinitely, for the time required if the Constitutional Council has to examine various points of law.

"We'll never get through this!"

An initial round of priority questions of constitutionality was submitted to the court, which rejected them all on Tuesday, but mostly for reasons of form. Without missing a beat, Scientology's lawyers immediately unpinned more grenades - priority questions of constitutionality identical in all respects to two of the first five, but this time with attention to form to avoid being faulted again. "I am a disciple of the court," boasted one of the lawyers, Gérard Ducrey, who was later admonished by the presiding judge for inadvisable digressions.

Although the tone remains civil, some irritation is beginning to show on the side of plaintiffs. "We'll never get through this!" exclaimed the UNADFI's lawyer, Olivier Morice, as he, like the prosecutor, requested that this second batch of priority questions of constitutionality also be rejected. The court will deliver a ruling on Thursday.

Even if the trial continues, other legal issues will be examined. Scientology's lawyers will seek the annulment of the first trial that ended in October 2009. They will also request that the UNADFI, an association against cults, not be recognized as a plaintiff. If they are successful, there won't be any plaintiffs left. The last victim who was still present at the first trial has withdrawn from her complaint.

Once these legal squabbles have been settled, the substance of the case will finally be addressed. The fraud charges leveled against the Scientologists will likely not be dealt with before next Tuesday.

On Thursday, lawyers for the Church of Scientology at its appeal trial for "organized fraud" fiercely attacked the anti-cult-abuse association UNADFI, calling it a "parasite" that they want to exclude as a plaintiff.

The two principal entities of Scientology in France - the Celebrity Centre and the SEL bookstore, which were heavily fined at the first trial, and five Scientologists who were handed fines and suspended prison sentences are being retried by the Paris court of appeal until December 1.

For nearly three hours, seven defense lawyers each in turn argued that the UNADFI is inadmissible as a plaintiff.

The UNADFI was ruled inadmissible at the first trial in 2009, but appealed the decision. The defense emphasized that the UNADFI made the necessary modification of its statutes after the events that are the subject of the trial and which go back to 1997-1999. At the beginning of the session, the court rejected three priority questions of constitutionality that the defense filed on Tuesday.

Since the start of the trial on November 3, Scientology's lawyers have filed 8 priority questions of constitutionality, all of which have been rejected. They intend to raise many points of procedure before the substance of the case can be addressed, "possibly" beginning on Friday, according to the presiding judge.

Convicted of organized fraud in 2009, the organization is trying one maneuver after another to torpedo the appeal trial.

With Scientology, justice is often a matter of miracles. Missing files, vanishing complaints, endless procedures ... Trials rarely unfold normally when they involve the heirs of L. Ron Hubbard. The trial that began on November 3 at the Paris court of appeal is no exception.

At the first trial in 2009, the prosecution demanded the outright dissolution of Scientology's two principal entities in France, the Celebrity Centre and its SEL bookstore.

Unfortunately, a mysterious legislative revision that was discreetly voted into law a month earlier precisely prevented the dissolution of a legal entity convicted of fraud.

At the time, this matter caused a big stir. Certain members of the National Assembly even spoke of infiltration by Scientology at the heart of the Justice Ministry. Following an internal investigation, it was finally discovered that the change in the law was due to a "blunder" by a civil servant at the National Assembly.

The malaise became even harder to quell when Scientology, claiming it was wronged by the prosecution's illegal requests, filed a lawsuit for gross negligence against the French government for one million euros in damages and interest...

Buying off complaints

Despite these complications, the first trial ended in a harsh conviction for Scientology. The principal defendants were handed suspended prison sentences ranging from ten months to two years.

Moreover, Scientology as a legal entity was convicted of organized fraud and of the illegal practice of pharmacy, and fined 600,000 euros. It was not just the underlings, but the Scientology system itself that was excoriated by the French justice system in 2009.

Two years later, the organization is determined to avenge this slight and, to avoid any new conviction that would be catastrophic in terms of image, Scientology is willing to pay a high price.

According to an internal source, Scientology's legal department has spent more than one million euros on the current trial. This amount includes the fees of its lawyers - more than half a dozen at the hearings - but also payments to victims to have them withdraw their complaint, an old Scientology method.

The last victim to accept a settlement in return for her silence was Aude-Claire Malton, the only plaintiff who held out from the pressures all the way to the first trial.

In court, the young woman described her first contact with Scientology, one evening in May 1998 at the Opéra metro station.

After taking a "personality test", she was diagnosed as having a psychological fragility and was referred to the Scientology center in Paris. The new recruit then spent 21,500 euros in just a few weeks for courses and books, liquidating her home-savings account and her life insurance. Though financially ruined, she was even escorted by a Scientologist to a credit institution ...

"An unhealthy climate"

It is impossible to know how much money the young woman received for her retraction. However, now that all the victims have withdrawn their complaints, only two plaintiffs are left at the appeal trial: the Order of Pharmacists and the UNADFI, the principal French anti-cult association.

The situation is considered intolerable by Scientology, which for many years has repeatedly complained about a "thought police" funded by the government. In a thick press package distributed to journalists in the lead-up to the trial, L. Ron Hubbard's organization violently attacked the UNADFI:

"Its use of the courts for partisan purposes and its intervention to shape the testimony of former parishioners to match its own freedom-stifling agenda are the source of the rumors that surround this trial."

This line of defense is largely being followed by Scientology's lawyers. "We are not in a trial, we are in a fight," asserted one of the attorneys on the first day of the hearings. In addition to attempting without success to adjourn the case and raising multiple priority questions of constitutionality to delay addressing the substance of the trial, the lawyers have also complained about the "unhealthy climate" and "psychosis" surrounding this affair.

It would take an effort to be fooled. Behind these procedural maneuvers, Scientology, which was classified as a "cult" by a 1995 parliamentary report, is first and foremost trying to shift the debate toward concern over religious freedom. In fact, an expert in this area, Michel de Guillenchmidt, has opportunely joined the ranks of the defense attorneys.

A well-known lobbyist for the Jehovah's Witnesses, Michel de Guillenchmidt has for years toiled to have France convicted of religious discrimination, a cause that is also intensely promoted by Scientology itself, which does not hesitate to complain about each conviction to the European Court of Human Rights.

"This trial will be a chance to ask the real questions about the treatment of religious minorities in France," Scientology recently said in a statement. It is not certain, however, that denying the legitimacy of the trial is a defense that will satisfy the court. Unless a new miracle comes along to save the Scientologists.

The UNADFI, an association that combats sectarian abuses, can continue to participate in the Scientology trial as a plaintiff, according to a ruling delivered today by the Paris court of appeal. Lawyers for the Paris branch of the Church of Scientology, which is being retried on appeal for "organized fraud", had challenged the admissibility of UNADFI, calling it a "parasite" that would "pollute" the court's debates.

This association was declared inadmissible at the first trial in 2009, but it appealed the decision. The court of appeal has decided to "annex this issue to the case", in other words, to postpone its decision until the end of the trial, announced the presiding judge, Claudine Forkel. The UNADFI can thus continue to oppose Scientology's lawyers. If the UNADFI is ruled inadmissible at the end of the trial, this would prevent it from claiming damages and interest.

In response to the court of appeal's decision, the Church of Scientology's lawyers raised a new priority question of constitutionality. The court, which has already rejected eight priority questions of constitutionality brought up by the defense since the trial began on November 3, must deliver a ruling on this point of law at the beginning of the next session on Thursday morning. Because of the many procedural issues raised by the defense, the substance of the case has not yet been addressed.

In 2009, Scientology's two principal entities in France - the Celebrity Centre and its SEL bookstore - were convicted and handed heavy fines (respectively 400,000 and 200,000 euros). Five Scientologists, including the "de facto head" of the movement in Paris, Alain Rosenberg, received suspended prison sentences and were fined; they too filed an appeal. They new trial is scheduled to continue until December 1.

Considered a religion in the United States, the movement founded in 1954 by American science fiction writer L. Ron Hubbard was classified as a cult in France by 1995 parliamentary report. It claims 12 million followers worldwide and 45,000 in France.

Scientology withdraws its lawyers and defendants from a trial in France

by Thierry Lévêque, edited by Patrick Vignal

PARIS (Reuters) - Scientology's lawyers announced on Thursday that they are withdrawing from an appeal trial in Paris, where this American organization stands accused of "organized fraud" in proceedings that carry a high symbolic risk.

The official reason given for the withdrawal was the fact that the court accepted to hear the side of the anti-cult association UNADFI and refused to hear certain arguments, but the withdrawal does not necessarily prevent the continuation of the trial.

Scientology also indicated that its leaders and the legal representatives of two components of its French branch that are being tried as legal entities will also withdraw from the trial.

"The Association wishes to state that it no longer intends, by its presence, to grant legitimacy to a trial that it considers absolutely unfair and in which it has been denied the most basic rights," reads a press release.

The appeal hearing opened on November 3 and has not yet begun examining the substance of the case because of a procedural guerrilla war waged by Scientology's lawyers, who raised fifteen arguments, including a dozen priority questions of constitutionality, to have the trial annuled or delayed.

At the first trial in October 2009, Scientology's two French entities were convicted and fined 600,000 euros, but the prosecution's request for dissolution fell through because of a mysterious vote that took place at the French parliament just before the trial began.

This decision for the first time declared that Scientology's activities are themselves a fraudulent enterprise, and it remains the most severe ruling ever delivered in France against this American organization which was founded in 1954 by science fiction writer L. Ron Hubbard and currently claims 10 million followers in 150 countries.

Although the financial sanctions are insignificant for this very rich organization, the confirmation of a fraud conviction would set a precedent that could hinder its expansion.

"With heavy heart, we choose to abandon our mission," said Jean-Marc Florand, one of the lawyers representing the Spiritual Association of the Church of Scientology - Celebrity Centre, shortly after the start of the hearing. All of his fellow defense attorneys joined the statement and left the room. After a recess, the defendants did not return either. "This is absolutely not an evasion," the association's spokesman, Eric Roux, told the press. "We are ceasing to grant legitimacy to a trial that is biased and unfair, in which the basic rights of the defense are not considered."

Right from the beginning of the appeal trial, the defense raised many legal points that could delay the trial, but all were rejected. For Olivier Morice, the lawyer representing the UNADFI, an association that fights against cults and is a plaintiff, "Scientology's lawyers simply ran away, they are fleeing their responsibilities." This, he says, is "a sign of great weakness" and the manifestation of "a profound contempt for justice."